Year in Review: The Top Legislative & Regulatory Moves of 2023

NATIONAL REPORT — Tobacco issues once again dominate legislative and regulatory agendas and industry players waiting on the much-anticipated decision on a federal menthol ban will have to wait a little longer.

But tobacco issues were not the only ones garnering headlines in 2023. Topics that could have major impacts on the convenience channel, like swipe fee reform and labor rules, also drew attention from regulators and lawmakers this year. 

These are the top 10 legislative and regulatory headlines of 2023, as reported by Convenience Store News:

1. Biden Administration Expected to Delay Federal Menthol Ban 

The final rule will likely be delayed to March 2024 or later following fierce opposition and concerns over the president's reelection bid. 

2. 7-Eleven Faces FTC Penalty Over Florida Store Acquisition

The Federal Trade Commission filed a lawsuit against 7-Eleven Inc. on Dec. 4, alleging that the convenience store operator violated a 2018 FTC consent order by acquiring a fuel outlet in Petersburg, Fla., without providing the agency prior notice. Its parent company Seven & i Holdings Co. Ltd. was also named in the filing.

3. Retail Groups Applaud Federal Reserve's Move on Debit Card Swipe Fees 

Proposed changes to debit card swipe fees were met with positive reactions from the retail community, though some raised concerns that the Federal Reserve's revisions don't go low enough. 

4. NACS Joins Challenge to New Joint Employer Rule

NACS joined the U.S. Chamber of Commerce and a coalition of business advocacy groups in filing a lawsuit against the National Labor Relations Board (NLRB) in the U.S. District Court for the Eastern District of Texas over its new joint employer rule. 

5. Federal Lawmakers Call for Probe of Recent Oil & Gas Deals

Senators are urging the Federal Trade Commission to look into whether or not proposed acquisitions by Chevron and ExxonMobil may violate antitrust laws.

6. U.S. Supreme Court Declines to Hear Challenge to FDA's Authority to Reject Flavored Vapor Products 

The Fourth Circuit's ruling denied an appeal by vape retailer Avail Vapor, which argued that the FDA unfairly denied its product applications based on requirements that it had changed without notifying companies.

7. FDA Fines Retailers Over Illegal Sale of Youth-Appealing Vapor Products 

This marks the agency's first request for maximum civil money penalties for this type of violation.

8. Judge Tosses FDA's Rule Over Premium Cigars 

Judge Amit Mehta of the U.S. District Court for the District of Columbia issued a ruling that vacates the agency's deeming regulations which pertain to premium cigars. As a result of the ruling, according to the National Association of Tobacco Outlets (NATO), the regulation is cancelled or declared null and void.

9. N.Y. Cigarette Tax to Become Highest in Nation

The $1 increase pushes the state's excise tax higher than that of Washington, D.C.

10. EPA Finalizes New Renewable Fuel Standards for 2023-2025

The final rule also responded to a court remand of the 2016 annual rule by establishing a supplemental volume requirement of 250 million gallons of renewable fuel for 2023.